[Federal Register Volume 65, Number 216 (Tuesday, November 7, 2000)]
[Rules and Regulations]
[Pages 66612-66615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28087]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-204-AD; Amendment 39-11956; AD 2000-22-10]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 and EMB-145 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain EMBRAER Model EMB-135 and EMB-145 series 
airplanes, that currently requires various inspections to detect 
discrepancies of the elevator servo tab and spring tab hinge fittings 
of the horizontal stabilizer, and follow-on corrective actions, if 
necessary. This amendment clarifies certain fiberscopic inspection and 
replacement procedures, and corrective actions; revises the 
applicability of the existing AD; and adds an inspection procedure for 
the servo tab center hinge fittings to detect the presence of washers 
for both attaching fasteners, and follow-on corrective actions, if 
necessary. This amendment also provides for optional terminating action 
for the repetitive inspections. The actions specified in this AD are 
intended to prevent the linkage of the elevator servo tab or spring tab 
hinge fittings from separating from the horizontal stabilizer, which 
could result in loss of control of the airplane.

DATES: Effective November 22, 2000.
    The incorporation by reference of Embraer Service Bulletin 145-55-
0024, dated May 25, 2000, as listed in the regulations, is approved by 
the Director of the Federal Register as of November 22, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before December 7, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-204-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-204-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in this AD may be obtained from 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 
12.225, Sao Jose dos Campos--SP, Brazil. This information may be 
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington; or at the FAA, Atlanta Aircraft Certification 
Office, One Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, 
Georgia; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Viswa Padmanabhan, Aerospace Engineer, 
Airframe and Propulsion Branch, ACE-117A, FAA, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 
450, Atlanta, Georgia 30337-2748; telephone (770) 703-6049; fax (770) 
703-6097.

SUPPLEMENTARY INFORMATION: On February 15, 2000, the FAA issued AD 
2000-04-09, amendment 39-11591 (65 FR 9217, February 24, 1000), 
applicable to certain EMBRAER Model EMB-135 and EMB-145 series 
airplanes, to require various inspections to detect discrepancies of 
the elevator servo tab and spring tab hinge fittings of the horizontal 
stabilizer, and follow-on corrective actions, if necessary. That action 
was prompted by issuance of mandatory continuing airworthiness 
information by a foreign civil airworthiness authority. The actions 
required by that AD are intended to prevent the linkage of the elevator 
servo tab or spring tab hinge fittings from separating from the 
horizontal stabilizer, which could result in loss of control of the 
airplane.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the Departmento de Aviacao Civil 
(DAC), which is the airworthiness authority for Brazil, has received 
new information regarding the corrective action necessary to address 
this unsafe condition. As a result, the DAC has issued the following 
Brazilian airworthiness directives:
     1999-09-01R2, dated May 1, 2000, supersedes Brazilian 
airworthiness directive 1999-09-01R1, dated October 25, 1999. This new 
revision was issued to specify repetitive inspection intervals and 
final rework of certain components. Part III of this revision specifies 
that, for certain Model EMB-135 and EMB-145 series airplanes, certain 
modifications of the elevator mass balance assembly and control column 
nose-up spring modifications, in accordance with Embraer Service 
Bulletin (S.B.) 145-27-0034, must be completed before accomplishment of 
the rework specified in Part III of S.B. 145-55-0022, Change 01, dated 
January 25, 2000.
     2000-05-01, dated May 25, 2000, corrects any possible 
misinterpretation of the replacement procedures included in Brazilian 
airworthiness directive 1999-09-01R2, and in alert S.B. 145-55-A022 and 
S.B. 145-55-0022.
    Reports indicated that loose hinge fittings were found, which was 
attributed to the incorrect application of the attachment fasteners to 
the tab upper skin. It is considered that the loss of fitting rigidity 
could cause damage to the other fasteners in the tab spar. Reports also 
indicated that some of the fasteners (which attach the spring-tab 
actuating arm to the tab upper skin and the servo-tab actuating linkage 
hinge to the tab lower skin) were not replaced with fasteners having a 
washer, because the collar conformation of those fasteners was found to 
be correct. In addition, maintenance records revealed that such 
fasteners may not have been replaced on certain airplanes. As a result 
of these findings, the DAC issued the previously referenced Brazilian 
airworthiness directives to clarify that all attachment fasteners must 
be installed with a washer, and that the fasteners must be replaced 
independently of the installation condition (even if the collar 
conformation is found to be ``correct'').

FAA's Conclusions

    These airplane models are manufactured in Brazil and are type 
certificated for operation in the United States under the provisions of 
section

[[Page 66613]]

21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the 
applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DAC has kept the FAA informed of 
the situation described above. The FAA has examined the findings of the 
DAC, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.

Explanation of Relevant Service Information

    Embraer has issued the following service information:
     Service Bulletin 145-55-0022, Change 02, dated May 4, 
2000, adds a fiberscopic inspection in Part II of the Accomplishment 
Instructions to detect the presence of a washer; and installation of a 
washer, if necessary. Part III of this service bulletin revises certain 
rework procedures (including rework and installation of the elevator 
servo and spring tabs; and reidentification, static balancing, and 
installation of the elevator). This rework procedure also specifies 
that, for certain airplanes, the modification specified by Embraer S.B. 
145-27-0034 must be accomplished before Part III of S.B. 145-55-0022, 
Change 02, is accomplished. Accomplishment of the actions specified in 
Part III of S.B. 145-55-0022, Change 02, eliminates the need for the 
repetitive inspections.
     Service Bulletin 145-55-0024, dated May 25, 2000, adds a 
fiberscopic inspection of the attachment of the servo tab center hinge 
fitting to the tab skin in Part II of the Accomplishment Instructions 
of this service bulletin. This inspection specifies detecting the 
presence of washers under the collar bases of both attaching fasteners, 
in the inner side of the tab skin; and corrective actions, if 
necessary. Procedures include additional action to clarify certain 
replacement procedures that were specified in alert S.B. 145-55-A022, 
Change 01, dated October 7, 1999, and Change 02, dated October 8, 1999. 
Such action specifies that any discrepant fastener must be replaced 
with a new fastener having a washer, and that the action if required to 
be accomplished independently of the installation condition. In 
addition, S.B. 145-55-0024 specifies that operators report any 
discrepancy found during inspections of elevator spring tab and servo 
tab hinge fittings that are specified in Part I of the Accomplishment 
Instructions of the service bulletin.
     Service Bulletin 145-27-0034, Change 01, dated August 5, 
1998, revises procedures for replacing the elevator mass-balance weight 
assembly and nose-up spring. Procedures also revise static balancing 
and weight and balance, add new mass-balance weight and its attachment 
bolt, and delete the instruction for checking the backlash.
    The DAC mandated compliance with the preceding service bulletins, 
and issued previously referenced Brazilian airworthiness directive 
1999-09-01R2 in order to assure the continued airworthiness of these 
airplanes in Brazil.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, this AD supersedes AD 2000-04-09 to continue to 
require various inspections to detect discrepancies of the elevator 
servo tab and spring tab hinge fittings of the horizontal stabilizer, 
and follow-on corrective actions, if necessary. This amendment 
clarifies certain fiberscopic inspection and replacement procedures, 
and corrective actions; revises the applicability of the existing AD; 
and adds an inspection procedure for the servo tab center hinge 
fittings to detect the presence of washers for both attaching 
fasteners, and follow-on corrective actions. This amendment also 
provides for optional terminating action for the repetitive 
inspections. In addition, this amendment requires that operators report 
to the manufacturer any discrepancy found during any detailed visual 
inspection accomplished in accordance with S.B. 145-55-0024, dated May 
25, 2000. This AD requires accomplishment of actions specified in the 
service bulletin described previously, except as discussed below.

Differences Between This AD, Brazilian Airworthiness Directives, 
and Related Service Information

    Operators should note that, although the previously referenced 
Brazilian airworthiness directives and Embraer service information 
specify that certain rework actions are required, this AD provides 
those actions as optional. The FAA has determined that such action may 
be required in subsequent rulemaking action to provide sufficient time 
for public comment.

Explanation of Changes to the Applicability of AD 2000-04-09

    The applicability of AD 2000-04-09 included all of the serial 
numbers for Model EMB-135 and EMB-145 series airplanes, as listed in 
alert S.B. 145-55-A022, Change 02, dated October 8, 1999. However, this 
AD revises the applicability of this AD to those airplanes listed in 
S.B. 145-55-0022, Change 02, dated May 4, 2000, or S.B. 145-55-0024, 
dated May 25, 2000, and those airplanes on which the elevator servo 
tabs and spring tabs have been replaced in accordance with alert S.B. 
145-55-A022, Change 02, dated October 8, 1999, or S.B. 145-55-0022, 
Change 01, dated January 25, 2000.

Interim Action

    This AD is considered to be interim action. The FAA is currently 
considering requiring the rework of all elevator servo and spring tabs, 
which will constitute terminating action for the repetitive inspections 
required by this AD action. However, such action will be proposed in a 
separate rulemaking action since the compliance time for the rework is 
sufficiently long so that notice and opportunity for prior public 
comment will be practicable.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the AD is 
being requested.

[[Page 66614]]

     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-204-AD.'' The postcard will be date stamped 
and returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect on the States, on the relationship between the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-11591 (65 FR 
9217, February 24, 2000), and by adding a new airworthiness directive 
(AD), amendment 39-11956, to read as follows:

2000-22-10  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-11956. Docket 2000-NM-204-AD. Supersedes AD 2000-04-09, 
Amendment 39-11591.
    Applicability: Model EMB-135 and EMB-145 series airplanes, 
certificated in any category, as listed in Embraer Service Bulletin 
145-55-0022, Change 02, dated May 4, 2000, or Embraer Service 
Bulletin 145-55-0024, dated May 25, 2000; and those airplanes on 
which the elevator servo tabs and spring tabs have been replaced in 
accordance with Embraer Alert Service Bulletin 145-55-A022, Change 
02, dated October 8, 1999, or Embraer Service Bulletin 145-55-0022, 
dated October 20, 1999.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (e)(1) 
of this AD. The request should include an assessment of the effect 
of the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent disconnection of the elevator spring tab or servo tab 
hinge from their attachments, which could result in loss of elevator 
control and reduced controllability of the airplane, accomplish the 
following:

Detailed Visual Inspection

    (a) Within 20 flight hours after the effective date of this AD, 
perform a detailed visual inspection of the hinge fittings of the 
left and right elevator spring tabs and servo tabs to detect any 
discrepancy (including incorrect attachment of the hinge fittings; 
signs of scratches on painted surfaces of the tab spar; detachment 
of hinge fitting from the tab; and relative movement and gap between 
hinge fittings and tab spars, and between the spring tab spar or 
skin) in accordance with Part I of the Accomplishment Instructions 
of Embraer Service Bulletin (S.B.) 145-55-0024, dated May 25, 2000.

    Note 2: Inspections accomplished prior to the effective date of 
this amendment, in accordance with Part I of the Accomplishment 
Instructions of S.B. 145-55-0022, dated October 20, 1999, or Change 
01, dated January 25, 2000, or alert S.B. 145-55-A022, Change 02, 
dated October 8, 1999, are considered acceptable for compliance with 
the requirements of paragraph (a) of this AD.

    (1) If no discrepancy is detected, repeat the detailed visual 
inspection thereafter at intervals not to exceed 100 flight hours 
until accomplishment of either paragraph (b) or (c) of this AD.
    (2) If any discrepancy is detected, prior to further flight, 
accomplish the action specified by either paragraph (a)(2)(i) or 
(a)(2)(ii) of this AD.
    (i) Replace any discrepant elevator tab with a new tab in 
accordance with the service bulletin, and repeat the detailed visual 
inspection thereafter at intervals not to exceed 100 flight hours 
until accomplishment of either the actions required by paragraph (b) 
or the optional terminating action specified by paragraph (c) of 
this AD.

    Note 3: The inspection and fastener replacement actions required 
by paragraph (b) of this AD do not constitute terminating action for 
the requirements of this AD, but only extend the inspection 
intervals from 100 to 400 flight hours.


    (ii) Perform the optional terminating action specified by 
paragraph (c) of this AD.

    Note 4: For the purposes of this AD, a detailed visual 
inspection is defined as: ``An intensive visual examination of a 
specific structural area, system, installation, or assembly to 
detect damage, failure, or irregularity. Available lighting is 
normally supplemented with a direct source of good lighting at 
intensity deemed appropriate by the inspector. Inspection aids such 
as mirror, magnifying lenses, etc. may be used. Surface cleaning and 
elaborate access procedures may be required.''

Inspection and Fastener Replacement

    (b) Within 400 flight hours after the effective date of this AD, 
perform a one-time detailed visual inspection, using a fiberscope, 
of the servo tab center hinge fitting to the tab skin to detect any 
discrepancy (including the absence of washers under the collar bases 
of both attaching fasteners, and incorrect fastener connection) in 
accordance with Part II of the Accomplishment Instructions of S.B. 
145-55-0024, dated May 25, 2000.
    (1) If no discrepancy is detected, repeat the inspection 
required by paragraph (a) of this AD thereafter at intervals not to 
exceed 400 flight hours until accomplishment of the optional 
terminating action specified by paragraph (c) of this AD.

[[Page 66615]]

    (2) If any discrepancy is detected, prior to further flight, 
replace, one at a time, each affected fastener with a new fastener 
having a washer, in accordance with the service bulletin. Repeat the 
inspection required by paragraph (a) of this AD thereafter at 
intervals not to exceed 400 flight hours until accomplishment of the 
optional terminating action specified by paragraph (c) of this AD.

    Note 5: Replacement of the attaching fasteners one at a time 
will avoid the loss of the servo tab or spring tab hinge fittings 
position.


Optional Terminating Action

    (c) Rework (including installation of the elevator servo and 
spring tabs; and reidentification, static balancing, and 
installation of the elevator) of all elevator servo and spring tabs 
in accordance with Part III of the Accomplishment Instructions of 
S.B. 145-055-0022, Change 02, dated May 4, 2000, constitutes 
terminating action for the repetitive inspections required by this 
AD. Model EMB-135 and EMB-145 series airplanes having serial numbers 
145004 through 145043, must accomplish the modifications specified 
by S.B. 145-27-0034, Change 01, dated August 5, 1998, prior to the 
rework specified by this paragraph.

    Note 6: Modifications of certain airplanes specified in 
paragraph (c) of this AD, accomplished before the effective date of 
this amendment, in accordance with S.B. 145-27-0034, dated April 3, 
1998, are considered acceptable for compliance with the modification 
requirement in paragraph (c) of this AD.

Reporting Requirement

    (d) Submit a report of inspection findings for any discrepancy 
detected during any inspection required by paragraph (a) of this AD 
to Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--
CEP 12.225, Sao Jose dos Campos--SP, Brazil; at the applicable time 
specified in paragraph (d)(1) or (d)(2) of this AD. Information 
collection requirements contained in this regulation have been 
approved by the Office of Management and Budget (OMB) under the 
provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.) and have been assigned OMB Control Number 2120-0056.
    (1) For airplanes on which any inspection is accomplished after 
the effective date of this AD: Submit the report within 10 days 
after performing any detailed visual inspection required by 
paragraph (a) of this AD.
    (2) For airplanes on which any inspection has been accomplished 
prior to the effective date of this AD: Submit the report within 10 
days after the effective date of this AD.

Alternative Methods of Compliance

    (e)(1) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Atlanta Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Atlanta ACO.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 2000-04-09, amendment 39-11591, are approved as 
alternative methods of compliance with this AD.

    Note 7: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

Special Flight Permits

    (f) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (g) The inspections shall be done in accordance with Embraer 
Service Bulletin 145-55-0024, dated May 25, 2000. This incorporation 
by reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. 
Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil. Copies may be 
inspected at the FAA, 1601 Lind Avenue, SW., Renton, Washington; or 
at the FAA, One Crown Center, 1895 Phoenix Boulevard, suite 450, 
Atlanta, Georgia; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

    Note 8: The subject of this AD is addressed in Brazilian 
airworthiness directives 1999-09-01R2, dated May 1, 2000, and 2000-
05-01, dated May 25, 2000.

Effective Date of This AD

    (h) This amendment becomes effective on November 22, 2000.


    Issued in Renton, Washington, on October 27, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-28087 Filed 11-6-00; 8:45 am]
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